Miami Criminal Defense Lawyer Blog

Miami-Dade County commissioners voted to amend local sex offender laws in an effort to alleviate the problems that are leaving sex offenders with no place to live with the exception of under bridges. The new ordinance will supercede portions of the old ordinance by loosening some portions of the local laws. Commissioners unanimously voted to create one standard across the entire county rather than the previously existing multiple laws handed down separately from various municipalities.

Although the standards have been loosened, Miami-Dade County made the changes maintaining a balance between the rights those convicted of sex offense such as sexual battery and lewd and lascivious conduct, and children who need protection from these offenders. Despite the changes, Miami criminal lawyers must make their clients aware of which sex offenses carry these restrictive bans before allowing their clients to enter into plea agreements with the state attorney's office. It is imperative that a Miami sex offense criminal lawyer not only plea bargain on behalf of their clients, but should also make charge bargaining a priority in an effort to avoid these restrictions.

The new Miami-Dade County ordinance repeals at least 24 laws that had previously enacted by separate municipalities. The ordinance create more workable exclusion zones for those convicted of certain sexual offenses such as sexual assault, sexual battery, lewd and lascivious conduct, statutory rape and child sex abuse. The new law maintains the 2,500-foot rule prohibiting certain sex offenders from living that close to schools. However, a new 1,000-foot rule now exists prohibiting certain sex offenders from living that distance from where children congregate. Civil libertarians applaud the new rule. However they still hold the opinion that any restrictions force many of the sexual offenders underground, thus making it more difficult for law enforcement to monitor them.

Others disagree with the change in the law. Miami Beach County Attorney, Jose Smith, intends to challenge the new law and was quoted as saying, "I haven't been satisfied that the county has the authority to do this and that the new law waters down their more strict city-wide policies." Miami Beach along with several other municipalities will challenge the new ordinance. Many local governments had previously imposed the 2,500 foot ban as a result of the rape and murder of nine-year old Jessica Lunsford in 2005. Others predict every municipality will adopt Miami-Dade Counties policies by the end of the year. The American Civil Liberties Union (ACLU) has become involved in the controversy and previously filed suit against Miami-Dade over its 2,500 foot rule. The organization has gone on record that the new ordinance is a step in the right direction, but argue for more changes in the law.

Miami-Dade OK's New Sex Offender Law, The Miami Herald, January 21, 2010.

A Miami woman filed suit against a south Miami day care center for failing to prevent her five year-old child from being sexually assaulted. The lawsuit accuses the day care of negligence for allowing her child to be a victim of child sexual abuse. The civil complaint filed in the Miami-Dade Circuit Court lists Discovery Day Care, Inc. as the defendant in the case and alleges that the school was negligent in allowing an employee's 13 year-old son to molest two pre-school age children.

The 13 year-old boy was initially charged in juvenile court with two counts of sexual assault. A Miami criminal defense attorney was able to negotiate a plea to two lesser included charges of battery. Charge bargaining in the Miami Juvenile Justice System is a common occurrence. Of course, charge bargaining may be limited depending on the severity of the crime. Typically, if a crime is serious enough, the State Attorney's Office will bind up a juvenile case to adult court where the juvenile will be facing adult sanctions.

The juvenile, only referred to as R.S. in the court records was sentenced to sexual behavior counseling, 100 community service hours, a stay away order and a curfew. He is schedule to be on probation until 2011. The information filed in state court alleged that the defendant forced a 5 year-old child to perform oral sex on him on at least 10 occasions. The sex acts were performed during nap times back in 2008. The defendant was caught when he attempted to do the same thing to a second young girl in the case. This time, the young girl reported the incident to her mother, who in turn called the police.

Since the resolution of the criminal case, the mother and child have since moved to Tampa, Florida. The attorney representing the mother and child, said the child suffered irreparable harm and is seeking monetary compensation in the civil negligence lawsuit. The mother claims that she filed suit because she and her family will never be the same. She trusted the school to protect her small daughter and should have prevented the teenager from sexually assaulting her child.

South Miami-Dade Day-Care Center Sued Over Sex Assaults, The Miami Herald, September 3, 2009.

A former Miami-Dade advertising salesman who is now locked up in Los Angeles for two sexually related attacks has been charged with a sexual assault and kidnaping which occurred at the mall located in Kendall, Florida. Theodore Lazier, a University of Florida graduate and former Beverly Hills advertising salesman has been identified through a DNA match to be the man who committed a sexual assault, kidnaping and armed robbery in Miami, Florida against a mother at The Falls Shopping Center in 2006. Lazier has not yet had the opportunity to speak with a Miami criminal lawyer at this juncture in his case. Once Lazier is transferred to Miami, Florida, he will either retain a Miami criminal lawyer or be appointed one by a state court judge.

An arrest warrant for Lazier was entered into the Miami-Dade County criminal court system. Lazier is pending arrest for two counts of armed sexual battery and two counts of armed kidnaping. In the case that occurred at the Kendall Mall, Lazier allegedly forced a 37 year-old woman into her car at gunpoint. The woman was putting her daughter into the car seat inside the parking garage when she was attacked by Lazier. Lazier drove the woman to another location where he sexually assaulted her and then abandoned her at a local Home Depot.

As a result of the attack, The Falls Shopping Center added extra security and video surveillance cameras. In order to catch the suspect, detectives created a video re-enactment of the offense and handed out hundreds of fliers around the neighborhood. Major Elizabeth Buchholz, of the Miami-Dade sexual crimes bureau stated, "Residents from coast to coast can feel a little safer knowing he is behind bars."

Lazier was at large for almost three years, when he was detained in Beverly Hills, California because he matched the description of a person who committed two assaults which occurred nearby. In once case, Lazier broke into a woman's home at gunpoint, robbed her and forced her to drive him to the airport. In the second case, Lazier assaulted a woman in an underground parking lot and attempted to kidnap her. There was no physical evidence in either case, but both victims were able to identify their attacker. Lazier was charged with kidnaping, carjacking and robbery. Lazier pled guilty in California state court and was sentenced to 11 years in prison.

Lazier was raised in Homestead, Florida and attended South Dade High School. He then graduated from the University of Florida with a telecommunications degree. He has held several jobs from Miami Beach, Florida to Beverly Hills, California.

Suspect in Rape at The Falls Being Held in L.A., The Miami Herald, September 2, 2009.

In Miami, Florida, State Attorney General Bill McCollum gave a recent interview on a radio station where he expressed that he had has a problem with the convicted sex offenders who have been relegated to live in terrible conditions under the Julia Tuttle Causeway in Miami, Florida. Republican Bill McCollum, who has always advocated harsh penalties for those convicted of crimes, expressed his opinion that local ordinances that ban sex offenders from living within 2,500 feet from schools are causing more harm than good. Most Miami criminal attorneys share in his opinion as they are intimately aware of the ongoing problem.

Currently, the law in the State of Florida prevents sex offenders from residing within 1,000 feet of schools. McCollum stated, "The state law is fairly reasonable, but many counties and cities have made it impossible for anybody to live ... in a normal living environment. It is very wrong." Ron Book, the chairman of the Miami-Dade homeless trust, was surprised by the comments because he does not believe the 2,500 foot ordinances were the root of the problem. Book was less sympathetic for the individuals convicted of sex crimes such sexual battery, lewd and lascivious behavior and child sexual abuse.

Many local governments have imposed the 2,500 foot ban as a result of the rape and murder of nine-year old Jessica Lunsford in 2005. Those critical of the new laws say the changes have forced many of the sexual offenders underground, thus making it more difficult for law enforcement to monitor them. Most of the controversy arises from the group of individuals convicted of sex offenses that are forced to live under a bridge in Miami with no toilets or running water.

The American Civil Liberties Union (ACLU) has become involved in the debate and sides with McCollum on the issue. The ACLU has filed suit against Miami-Dade over its 2,500 foot rule. Howard Simon, the director of the ACLU, found fault with the new because they fail to distinguish between serious sexual offenders and predators and those accused of urinating on the side of the road or when a seventeen year-old boy and a fifteen year-old girl engage in consensual sex.

The current debate and present state of the law in Miami and other counties should make Miami criminal lawyers aware of which sex offenses carry these bans before allowing their clients to enter into plea agreements with the state attorneys office. It is imperative that criminal defense lawyers not only plea bargain on behalf of their clients, but should also make charge bargaining a priority.

Bill McCollum: Sex-offender Bans are Faulty, Miami Herald, August 4, 2009

An article recently published in the Miami Herald is a prime example of the importance in retaining a highly qualified Miami criminal lawyer with expertise in defending sex cases. Entering a plea to a sexual offense in Miami can lead to unforeseen problems, such as finding a suitable and legal residence.

Officials in Miami, Florida are increasing their efforts to remove a colony of convicted sex offenders living under the Julia Tuttle Causeway. Miami-Dade officials and advocates for the homeless are facing growing criticism for the 70 sex offenders living under the causeway with terrible living conditions. In response the criticism, officials are attempting to obtain housing for the Miami sex offenders.

Ronald Book, the Chairman of Miami-Dade's Homeless trust, stated that they have relocated eight sex offenders to an apartment building in Miami, Florida. Officials are looking for a bigger place for the remaining individuals to be housed. Book also stated that the move is positive, however a permanent solution for the problem for the encampment must be found. Possible locations for the offenders include the old North Dade Detention Center, formerly used as a jail near the Golden Glades Interchange on the Miami-Ft. Lauderdale Border.

The majority of residents of the encampment are registered sex offenders convicted of sexual battery, lewd and lascivious behavior, child sex abuse and statutory rape. The felons are recently released from prison or serving long probationary periods. The individuals are forced to live under the causeway because they no other place to reside. County and city laws prohibit the sex offenders from residing with 2,500 feet of schools, playgrounds, parks and day care facilities - any location where children congregate.

According the Miami-Dade County State Attorney, Katherine Fernandez-Rundle, "It's a public safety issue. They are living in inhumane conditions. It's not safe for them - and it's not safe for others". Several issues linger as to who will bear the expense for rent in liability insurance. Another problem is determining who will supervise the offenders. Book suggested that an apartment building or former hotel in foreclosure may be a perfect fit.

The ACLU sued Miami-Dade County claiming that the State of Florida promulgated a law that prohibits sex offenders from residing 1,000 feet from where children congregate and that the 2,500 foot laws passed by the City and the County are too stringent and therefore unconstitutional.

Miami-Dade Plans to Relocate Sex Offenders Living under Bridge, Sun Sentinal, July 22, 2009